UPSC NCERT Notes - Special Provisions for certain classes

The UPSC NCERT Notes on Indian Polity offer a comprehensive understanding of the intricate fabric of the Indian Constitution, elucidating its special provisions for certain classes within society. Rooted in the principles of social justice and inclusivity, these provisions aim to address historical injustices and ensure equitable representation and opportunities for marginalized communities. By delving into these special provisions, aspirants gain invaluable insights into the foundational pillars of India’s democratic framework and the ongoing quest for a more inclusive and egalitarian society. This exploration not only enriches one’s understanding of constitutional principles but also fosters a deeper appreciation for the diverse tapestry of Indian society and the mechanisms in place to safeguard the rights and interests of all its citizens.

To fulfill the goal of equality and justice outlined in the Preamble, the Constitution includes special provisions for Scheduled Castes (SCs), Scheduled Tribes (STs), and the Other Backward Classes (OBCs).

Table of Contents

Introduction:

India, being a democratic country, ensures equal rights for all its citizens. The Indian Constitution extends special privileges to socially and economically disadvantaged sections, aligning with the principles articulated in the Preamble, Fundamental Rights, and Directive Principles.
These special provisions and privileges are encompassed in Part XVI of the Indian Constitution, spanning Articles 330 to 342(A).
The existence of these provisions reflects India’s commitment as a welfare state, dedicated to the overall well-being and development of its populace, with a specific focus on vulnerable sections.
Vulnerable sections in India encompass Scheduled Castes, Scheduled Tribes, Other Backward Classes, Women, Minorities, Disabled individuals, and Children.
Mere adherence to the Right to equality or the assurance of Universal Adult Franchise is insufficient for the well-being of these groups.
Social and economic democracy is imperative for achieving the ideal of political democracy. Therefore, a robust constitutional machinery is not only necessary to safeguard the interests and rights of the weaker sections of society but also requires the implementation of special schemes and programs to promote their welfare, development, and empowerment.

Scheduled Castes (SCs):

Scheduled Castes (SCs) comprise individuals belonging to castes or races specified in a list as per Article 341 of the Constitution, historically identified as outcastes or untouchables.
These individuals have endured significant marginalization and poverty across various socio-economic indicators.

Socio-Economic Conditions of Scheduled Castes:

Traditionally oppressed and exploited, particularly by higher castes, the majority of Scheduled Castes remain illiterate, with a notably low literacy rate among women.
Economic dependence on upper castes persists among Scheduled Castes, contributing to their socio-economic challenges.

Scheduled Tribes (STs):

Scheduled Tribes (STs) include people from tribes or tribal communities listed in Article 342 of the Constitution, often referred to as Adivasis or original inhabitants, with over 500 distinct groups in India.
Adivasis, constituting around 8% of India’s population, have diverse identities and cultures, residing in close association with forests.

Socio-Economic Conditions of Scheduled Tribes:

Scheduled Tribes, distinct from Scheduled Castes in terms of caste, inhabit remote forest areas and hill tracks, lacking access to modern socio-economic resources.
Deprived of land and autonomy, Scheduled Tribes face extreme poverty and high illiteracy rates, predominantly engaged in agriculture and allied occupations.

Measures and Safeguards to Uplift the Condition of SCs and STs:

Constitutional provisions in Part-XVI (Article 330 to Article 342A) include reservations in Lok Sabha, State Assemblies, jobs, posts, and educational grants for Scheduled Castes, Scheduled Tribes, Backward Classes, and Other Indians.
The Constitution aims to safeguard their interests, promote educational pursuits, and eliminate social disabilities.
The Untouchability (Offences) Act of 1955, later amended in 1976 as the Protection of Civil Rights Act, and the Scheduled Castes and Scheduled Tribes Prevention of Atrocities Act of 1989 are legislative measures.

Reservations and Affirmative Action:

Reservations in educational institutions and public employment for Scheduled Castes and Scheduled Tribes are provided in proportion to their population.
Lok Sabha (Article 330), State Assemblies (Article 332), and local self-government institutions have reserved seats based on their population (15% for SCs and 7% for STs at the center).
The percentage of reserved seats in states varies according to the population of SCs and STs in each state. In Part XVI of the Indian Constitution, special provisions are outlined for Scheduled Castes, Scheduled Tribes, and Other Backward Classes, covered in Sections 330 to 342A.

Fundamental Rights Provisions:

Article 14 proclaims equality before the law and equal protection of the law for all.
Article 15(1) prohibits discrimination based on race, caste, sex, religion, or place of birth.
Article 17 abolishes untouchability and prohibits its practice in any form.

Directive Principles of State Policy Provisions:

Article 38 and Article 46 (Directive Principles of State Policy) specifically aim at securing social justice for the deprived sections of the population.
According to the 82nd Constitutional Amendment Act of 2000, arrangements have been made to reduce the minimum marks for SC or ST persons in any examination for appointment to central or state government posts or to adjust the criteria of evaluation in promotion.

National Commission for SCs and STs:

Special provisions were made in the Constitution to provide safeguards against the exploitation of SCs and STs and to promote and protect their social, educational, economic, and cultural interests.
Article 338 of the Constitution provides for the appointment of a Special Officer for effective implementation of various safeguards.
The functions of the Commission for SCs and STs set up in 1978, were modified, and it was renamed as the National Commission for Scheduled Castes and Scheduled Tribes.
The 65th Constitutional Amendment Act of 1990 provided for the establishment of a high-level multi-member National Commission for SCs and STs.
The 89th Amendment Act of 2003 bifurcated the National Commission for SCs and STs under Article 338 and Article 338(A).

National Commission for SCs:

The separate National Commission for SCs came into existence in 2004, consisting of a Chairperson, a Vice-Chairperson, and three other members appointed by the President, with their conditions of service and tenure determined by the President.
The Chairman of the Commission enjoys the status of a Union Cabinet Minister.

Report of the Commission

The Commission submits an annual report to the President and may also submit additional reports as deemed necessary. The President presents all such reports before Parliament, along with the actions taken or the reasons for non-acceptance of the Commission’s recommendations.
Reports related to State Governments may be forwarded by the President to the State Governor, who, in turn, places it before the State Legislature, accompanied by a Memorandum explaining actions taken or reasons for non-acceptance of recommendations.

Constitutional Provisions:

The Constitution includes provisions for the all-round development, cultural, and political security of Scheduled Tribes under fundamental rights (Articles 15(1), 23, 24, 25(2)(29)) and specific articles such as 330, 332, 334 (reservation), and Article 371.
To implement constitutional protections, various legal protection acts have been enacted for Scheduled Castes and Scheduled Tribes, including:
- Minimum Wages Act, 1948
- Protection of Civil Rights Act, 1955
- Bonded Labour System Act, 1976
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989
- Extension of Panchayats to Scheduled Areas (PESA) Act, 1996
- Forest Rights Act, 2006, etc.

Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989:

The Act categorizes crimes against Scheduled Castes and Scheduled Tribes and makes them punishable offenses.
It addresses various forms of humiliation, punishing those who force members to consume distasteful substances or engage in acts derogatory to human dignity.
The Act penalizes wrongful occupation or cultivation of land allotted to a Member of a Scheduled Caste or Tribe.
Crimes against Dalit and tribal women are specifically addressed, including assault and the use of force with intent to dishonor.

Tribal Rights and the 1989 Act:

The Act defends tribal rights to occupy traditionally owned land and aims to punish those forcibly encroaching upon tribal land.
It confirms that tribal land cannot be sold to or bought by non-tribal people, ensuring the Right of Tribal People to repossess their land in case of illegal transactions.

Special Schemes and Programs for SCs and STs:

Governments, by constitutional provisions and directives, have been formulating and implementing various schemes and programs for the upliftment of Scheduled Castes and Scheduled Tribes.

These initiatives encompass education, skill enhancement, job creation, and the development of regions concentrated with the targeted population.

Special Educational Schemes:

Book Bank Scheme: Provides required textbooks for students pursuing medical, engineering, agricultural, veterinary, and polytechnic courses.
Girls Hostel Scheme: Offers residential facilities for tribal girls pursuing education.
Various Scholarship Schemes: Covering pre-matric, post-matric, and higher education for students.

Employment-Related Schemes:

Reservation of Seats: Public employment seats are reserved for SCs and STs in proportion to their population.
Coaching and Allied Scheme: Facilitates coaching for competitive exams in institutions like UPSC, State Public Service Commission, Public Undertakings, and Banking Service.
State Scheduled Castes Development Corporation: Aims to uplift SCs/STs living below the poverty line.

Tribal Development Initiatives:

Tribal Cooperative Marketing Development Federation of India (TRIFED): Established in 1987 to provide marketing assistance and remunerative prices for ST communities’ forest produce and agricultural surplus.
Baba Saheb Ambedkar Foundation (1992): Manages schemes identified during Dr. BR Ambedkar’s centenary birth celebrations, including awards for social understanding, upliftment of weaker sections, and social change.

Other Backward Classes (OBCs):

The Constitution empowers the government (Article 340) to appoint a commission to investigate and recommend development measures for Other Backward Classes (OBCs).
No specific groups are identified in the Constitution as Backward Classes.
Kaka Kalelkar Commission (1953): Used criteria such as low social position in the traditional caste hierarchy of Hindu society to identify Backward Classes.
General educational progress is lacking in a majority of a caste/community.
Insufficient or no representation in government services and the absence of representation in trade, commerce, and industry.
The Kalelkar Commission identified 2399 castes and communities as Backward Classes based on these factors, but the government did not accept its recommendations.

Mandal Commission

Mandal Commission, established in 1978 under BP Mandal’s chairmanship, formulated 11 indicators focusing on caste-based social backwardness, educational backwardness, and economic backwardness. Identifying 3,743 castes as Other Backward Castes (OBCs), the Commission recommended a 27% job reservation for OBCs in various sectors.
The suggestions also aimed at the economic and occupational development of OBCs.
The government accepted these recommendations in August 1990.

The 93rd Amendment Act of 2006

The 93rd Amendment Act of 2006 introduced provisions for the preservation of socially and educationally backward classes in private and non-government-aided educational institutions.

National Commission for Backward Classes

The 102nd Constitutional Amendment Act of 2018 granted constitutional status to the National Commission for Backward Classes (NCBC).
It inserted two new Articles, 338(B) and 342(A), providing authority to the NCBC to examine complaints and welfare measures for socially and educationally Backward Classes.

The Commission’s composition

The Commission’s composition includes a Chairperson (a former Judge or a social scientist), two individuals with expertise in Backward Classes matters, and a Member-Secretary (a former officer of the Central Government), nominated by the Central Government for a three-year term.

The Commission’s main functions

The Commission’s main functions involve examining requests for inclusion of any class as a Backward Class, hearing complaints of over or under-inclusion, and advising the Central Government on the revision of the list of Backward Communities.

Government schemes/programs for the welfare of Other Backward Classes include:

27% reservation in educational institutions and public employment.
Pre-Examination Coaching to coach candidates belonging to OBCs with a parental annual income less than ₹1 lakh.
Hostels Scheme for OBC boys and girls.
Pre-metric and Post-metric scholarships.
Assistance to Voluntary Organizations, engaging the voluntary sector to enhance the educational and socio-economic conditions of OBCs for gainful employment.

Economically Weaker Section (EWS)

The Parliament amended the Constitution of India through the 103rd Amendment Act, 2019, introducing a 10% reservation in education and government jobs for a section of General category candidates.
Qualifying criteria for the 10% quota:
All members of the family together earn less than ₹8 lakh per annum.
Own less than 5 acres of agricultural land.
Do not possess a residential flat of an area of 1000 sq. ft or larger.
Do not possess a residential plot of an area of 100 yards or more in notified municipalities and 200 yards or more in areas other than notified municipalities.

Introduction of Article 15 (6) and Article 16 (6):

The amendment introduced economic reservation by amending Articles 15 and 16.
It inserted Article 15 (6) and Article 16 (6) into the Constitution, allowing reservation for the economically backward in the unreserved category.
Article 15(6): Up to 10% of seats may be reserved for EWS for admission in educational institutions. Such reservations will not apply to minority educational institutions.
Article 16(6): It permits the government to reserve up to 10% of all government posts for the EWS.
The amendment aims to promote the welfare of the economically poor not covered by the existing 50% reservation policy for Scheduled Castes (SCs), Scheduled Tribes (STs), and Socially and Educationally Backward Classes (SEBC). It enables both the Centre and the States to provide reservations to the economically weaker sections of society.

Minorities:

The Indian Constitution acknowledges that the culture of the majority can influence how society and government express themselves. To protect minority communities from potential cultural domination by the majority, safeguards are necessary.

National Minority Commission:

Established in 1993 under the National Commission for Minorities Act, 1992, the National Minority Commission is a statutory body under the Ministry of Minority Affairs.

Composition of the Commission:

The commission comprises a Chairperson, Vice-Chairperson, and five members, totaling seven persons nominated by the Central Government based on eminence, ability, and integrity.
Each member holds office for a three-year term from the date of assumption of office.

Powers and Functions of the Commission:

The commission, while performing any functions, is vested with powers to regulate its own affairs.
It possesses all the powers of a civil court in matters such as summoning and enforcing the attendance of any person, requiring the discovery and production of documents, receiving evidence on affidavits, requisitioning public records, issuing commissions for the examination of witnesses and documents, and any other matter prescribed.
The commission performs functions such as evaluating the progress of minority development under the Union and States and monitoring the working of safeguards provided in the Constitution and laws enacted by Parliament and State Legislatures.
To provide recommendations for the effective implementation of safeguards protecting the interests of minorities by both the Central and State Governments, the Commission undertakes various tasks.
These include addressing specific complaints about the deprivation of rights and safeguards for minorities and pursuing such matters with the relevant authorities.
The Commission conducts case studies to explore issues arising from discrimination and engages in studies, research, and analysis concerning the socio-economic and educational development of minorities.
Additionally, it proposes appropriate measures to be taken by the Central or State Governments about any minority.
Periodical or special reports on matters concerning minorities, particularly the challenges they face, are submitted to the Central Government.

Linguistic Minority

A linguistic minority comprises individuals whose mother tongue differs from that of the majority in states or part-majority states.
The constitution ensures protection for the rights of linguistic minorities.
Initially, the Indian Constitution lacked provision for a Special Officer for Linguistic Minorities.
However, the States Reorganisation Commission (1955-1955) suggested its need.
Consequently, the Seventh Constitutional Amendment Act of 1956 introduced a new Article 350-B in Part XVI of the Constitution.
This article outlines the appointment of a Special Officer for Linguistic Minorities, appointed by the President. The officer’s responsibilities include addressing issues related to constitutional protections for linguistic minorities.

Powers, Functions, and Responsibilities

By Article 350-B of the Constitution, the office of the Special Officer for Linguistic Minorities was established in 1957.
Designated as the Commissioner for Linguistic Minorities, the official operates from New Delhi, with regional offices in Belgaum (Karnataka), Chennai (Tamil Nadu), Kolkata (West Bengal), and Prayagraj (Uttar Pradesh), each headed by an Assistant Commissioner.
The Commissioner collaborates with State Governments and Union Territories through appointed nodal officers.
Falling under the Ministry of Minority Affairs at the Central level, the Commissioner submits reports to the President through the Union Minority Affairs Minister.

Sachar Committee

The Sachar Committee, formed in March 2005, was a seven-member High-Level Committee in India.
It aimed to examine the socio-economic and educational status of the Muslim community.
The committee highlighted the relative deprivation of minorities through data on religion.
Key recommendations included establishing an Equal Opportunity Commission to address grievances of deprived groups like minorities, creating a nomination procedure to enhance minority participation in public bodies, avoiding the reservation of constituencies with high minority populations for SCs in delimitation procedures, increasing Muslim employment share, particularly in public dealing, and establishing mechanisms to link madrasas with higher secondary school boards.

Prelims Facts

Part 16 of the Indian Constitution pertains to special provisions for certain classes [Question from UPPSC (RO/ARO Mains) 2017]
The article specifying the provisions of the National Commission for Scheduled Tribes is Article 338 A [Question from CGPSC (Pre) 2005, IAS (Pre) 2013, UKPSC (Pre) 2016]
The provision for Scheduled Tribes in the Lok Sabha under the Indian Constitution is outlined in Article 330 [Question from UPPSC (Pre) 2010]
Scheduled Tribe status is considered religiously neutral [Question from RAS/RTS (Pre) 2010]
The article that provides reservation of seats for Scheduled Castes and Scheduled Tribes in the Panchayats is Article 243 (D) [Question from UKPSC (Pre) 2016]
The state with the highest number of Scheduled Tribes in India is Madhya Pradesh [Question from UPPSC (Pre) 1991]
The authority to specify which castes shall be deemed Scheduled Castes rests with the President [Question from UPPSC (Mains) 2006, UPPSC (Pre) 2016]
Economic boycott’ is defined under which section of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989? Section 2 (b, c) [Question from MPPSC (Pre) 2018]
The provision for the representation of the Anglo-Indian community in the Lok Sabha is made under Article 331 [Question from UPPSC (Pre) 2015]
In which section of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, is there a provision for the arrangement of a special court? Section 14 [Question from MPPSC (Pre) 2017]
The Constitution provides for the Constitution of a National Commission for SCs and STs under which article? Article 338 and 338 A [Question from UPPSC (Pre) 2013]
The first chairman of the Backward Classes Commission was Kakashaheb Kalelkar [Question from BPSC (Pre) 2018]
In the year 2018, the National Commission for Backward Classes was given constitutional status [Question from CGPSC (Pre) 2019]
The Article of the Constitution of India that provisions for reservations of seats for Scheduled Castes and Scheduled Tribes in the House of People is Article 330 [Question from UPPSC (Pre) 2010]
The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, came into force on 30th January 1990 [Question from MPPSC (Pre) 2020]
The number of sections under the Scheduled Tribes and Scheduled Castes (Prevention of Atrocities) Act, 1989, is 23 [Question from MPPSC (Pre) 2018]

UPSC NCERT Practice Questions

1. After the Amendment of the Indian Constitution by the Parliament on 14th August, 2007. What Is the number of castes in the list of Scheduled Castes now BPSC (Pre) 2008

(a) 607

(b) 1206

(d) 1500

2. Which one of the following Articles provides reservation of seats for the Scheduled Castes and Scheduled Tribes in the Panchayats? UKPSC (Pre) 2016

(a) 243 (D)

(b) 243 (C)

(d) 243 (A)

3. The authority to specify as to which castes shall be deemed to be Scheduled Castes rests with the

(a) Commission of SCs and STs

(b) prime minister

(d) President

4. Under which Section of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, ‘Economic boycott’ is defined?

(a) Section 2 (b)

(b) Section 2, (b, c)

(d) Section 2 (b, g)

5. Given below are two statements, in which, one is Assertion and the second is Reason. Assertion

(A) The definition of a term given in the Constitution of India. ‘Minority’ is no Reason

(R) Minority Commission is not a constitutional body.

Codes

(a) Both A and R are true and R is the correct explanation of A.

(b) Both A and R are true, but R is not the correct explanation of A.

(d) A is false, but R is true.

6. Under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, in which section there is a provision for the arrangement of a special court?

(a) 14

(b) 17

(d) 21 (3)

7. The purpose of specifying the Court of Session as a Special Court is to try offenses under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.

(a) Speedy trial

(b) Time-bound trial

(d) All of the above

8. Consider the following statements. IAS (Pre MPPSC (Pre) 2011

1. As per the recent Amendment to the Indian Forest Act 1927, forest dwellers have the right to fell the bamboo grown on forest areas.

2. As per the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act 2006, bamboo is a minor forest produce.

3. The Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 allows ownership of minor forest produce to forest Dwellers.

Which of the statement(s) given above is/are correct?

(a) 1 and 2

(b) 2 and 3

(d) All of the above

9. The National Commission for Scheduled Castes (NCSC) is constituted by which article of the Constitution

(a) Article 337

(b) Article 338

(d) Article 335

Know Right Answer

1. (b)

2. (a)

3. (d)

4. (b)

5. (b)

6. (b)

7. (b)

8. (d)

9. (b)

Frequently Asked Questions (FAQs)

Q1: What are the special provisions for Scheduled Castes (SCs) in Indian Polity according to UPSC NCERT Notes?

A1: The Constitution of India provides special provisions for Scheduled Castes (SCs) to address historical social injustices. Article 46 directs the state to promote the educational and economic interests of the Scheduled Castes and to protect them from social injustice and exploitation. Additionally, there are reserved seats in legislatures and government jobs to ensure their adequate representation.

Q2: How does the Indian Constitution address the special provisions for Scheduled Tribes (STs) as per UPSC NCERT Notes?

A2: UPSC NCERT Notes highlight that the Constitution includes special provisions for Scheduled Tribes (STs) to safeguard their distinct cultural, social, and economic interests. Articles 330 and 332 provide for the reservation of seats in the Lok Sabha and State Assemblies, while Article 335 allows for relaxation in qualifying marks and standards in recruitment to promote their adequate representation.

Q3: What special provisions does the Indian Constitution have for socially and educationally backward classes as per UPSC NCERT Notes?

A3: The UPSC NCERT Notes emphasize that Article 15(4) and Article 16(4) of the Constitution allow the state to make special provisions for the advancement of socially and educationally backward classes, including Scheduled Castes and Scheduled Tribes. This enables the government to provide reservations in educational institutions and public employment to uplift these communities and bridge historical gaps.

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UPSC NCERT Notes – Indian Polity – Special Provisions for certain classes